Penalty

Penalty
Penalty

The final chapter of the Immigration Act is the penalities and it is also one of the longest text in the Immigration Act. Before you assume that you understand the penalties speak to a lawyer in Thailand for further advice and assistance with regards to Immigration Law in Thailand.

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Section 61 : Whoever fails to comply with the written order under Section 10 shall be punished by a fine not exceeding 5,000 Baht.

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Section 62 : Whoever fails to comply with the provisions of Section 11 or Para.2 of Section 18 shall be punished by imprisonment not exceeding two years and a fine not exceeding 20,000 Baht. If the person committing an offense under Para.1, holds Thai citizenship he will be punished by a fine not exceeding 20,000 Baht.

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Section 63 : Whoever brings or takes an alien into the Kingdom or does anything which helps, assists, or facilitates an alien in making and entry into the Kingdom in contravention of this Act, shall be punished by imprisonment not exceeding 10 years and a fine not exceeding 100,000 Baht.

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When any owner or person in charge of a conveyance who fails to comply with the provision of Section 23, and the conveyance carried the aliens entering into the Kingdom in contravention of this Act, it is first presumed that the owner or person in charge of the conveyance has committed an offense under Para.1 of this Section unless it can be proved that the owner or person in charge was unable to know of the presence of said aliens in the conveyance, even though proper caution was exercised.

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Section 64 : Whoever know of any alien entering into the Kingdom in contravention of this Act, and harbours, hides or in any manner assists said alien to evade arrest, shall be punished by imprisonment not exceeding 5 years and a fine not exceeding 50,000 Baht. Whoever allows an alien entering into the Kingdom in contravention of this Act, to stay with him, it is first presumed that said person is aware that the alien concerned entered into the Kingdom in contravention of this Act, unless it can be proved that he does not know, even though proper caution has been exercised.

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If the act committed under Para.1 of this Section is done in order to assist his father, mother, child, husband or wife, the offender may not necessarily be punished by the Court.

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Section 65 : Any owner or person in charge of a conveyance who fails to comply with the provision of Section 23 shall be punished with imprisonment not exceeding 5 years or a fine not exceeding 50,000 Baht or both.

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Section 66 : Any owner or person in charge of a conveyance who fails to comply with the provision of Section 25, Section 26 Para.1,or Section 27 (2) shall be punished with imprisonment not exceeding 10,000 Baht or both.

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Section 67 : Any owner or person in charge of a conveyance who fails to comply with the provision of Section 27(1) Para.1 or fails to cooperate with the competent official accordance with the provision of Section 27(3) shall be punished with a fine not exceeding 20,000 Baht.

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Section 68 : Any owner or person in charge of a conveyance who fails to comply with the provision of Section 28 Para.1, shall be punished with imprisonment not exceeding 10,000 Baht.

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Section 69 : Any owner or person in charge of a conveyance who fails to comply with the provision of Section 28 Para.2 shall be punished with imprisonment not exceeding 10,000 Baht. for each crew member of the conveyance that he has not turned over to the competent official.

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Section 70 : Any conveyance that has an alien passenger who is excludable from entry into the Kingdom according to Section 12(1), the owner or person in charge of the conveyance shall be punished with a fine not exceeding 20,000 Baht for each alien.

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Section 71 : Any owner or person in charge of a conveyance who fails to obey the order given by the competent official under Section 29 Para.1, shall be punished with imprisonment not exceeding 5 years and a fine not exceeding 50,000 Baht. If as a result of non – compliance with the provision of paragraph 1,thus causing the alien to escape , the said owner or person in charge shall be punished with imprisonment not exceeding 10 years and a fine not exceeding 100,000 Baht.

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Section 72 : Any alien, who escapes from a conveyance or escapes while on the way to any destination when the competent official has told the owner or person in change of the conveyance to detain the alien or to take the alien , in accordance with the provision of Section 29 or he escapes while under detention or the control of the competent official, said alien shall be punished with imprisonment not exceeding two years or a fine not exceeding 20,000 Baht or both.

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Section 73 : Any owner or person in charge of a conveyance who fails to obey the order given by the competent official under Section 30 shall be punished with imprisonment not exceeding 5 years or a fine not exceeding 50,000 Baht or both.

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Section 74 : Whoever fails to comply with the provisions of Section 31 or 32 shall be punished with a fine not exceeding 10,000 Baht.

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Section 75 : Any alien, who fails to comply with the provisions of Section 37(1) shall be punished with imprisonment not exceeding 1 year or a fine not exceeding 10,000Baht or both.

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Section 76 : Any alien, alien, who fails to comply with the provisions of Section 37(2),(3),(4)or(5) shall be punished with a fine not exceeding 5,000 Baht and with and additional fine not exceeding 200 Baht for each day which passes until the law is complied with.

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Section 77 : Whoever fails to comply with the provision of Section 38, shall be punished with a fine not exceeding 2,000 Baht. If said person is a hotel manager, he shall be punished with a fine from 2,000 Baht to 10,000 Baht.

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Section 78 : Whoever fails to comply with the provision of Section 49 shall be punished with a fine not exceeding 1,000 Baht.

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Section 79 : The owner, or person in change of a conveyance, or person issuing a ticket, document or evidence , who fails to comply with the order given by the competent official under Section 56,shall be punished with imprisonment not exceeding 6 months or a fine not exceeding 500 Baht for each day until said alien shall leave the Kingdom but not exceeding 50,000 Baht or both.

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Section 80 : Whoever destroys an order given by the competent official under Section 56 Para.2,or causes such order to be blurred with the intention of not letting the owner of the conveyance ,or the  person in change of conveyance, or the person issuing the ticket, document or evidence to receive said order of the competent official, shall be punished with a fine not exceeding 50,000 Baht.

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Section 81 : Any alien who stay in the Kingdom without permission or with permission expired or revoked shall be punished with imprisonment not exceeding two years or a fine not exceeding 20,000 Baht or both.

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Section 82 : Any alien who evades the service of an order issued by the Minister Immigration Commission, Director General, or the competent official designated by the Immigration Commission, which is required to be served upon him [alien] under this Act, shall be punished with a fine not exceeding 5,000 Baht. If the order as stated in Para.1 is for deportation the offender shall be punished with imprisonment not exceeding two years and fine not exceeding 20,000 Baht.

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Section 83 : In the case where the offenders, who shall be punished under this Act are a juristic person, managing director, manager, or representative of such juristic person, they will be punished in accordance with the penalty provided for such offenses unless they can prove that they are not involved in the commission of an offense by said juristic persons.

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Section 84 : In all offenses under this Act, except the provisions of Section 62 Para.1 Section 63 , 64, 71 and 82 Para.2. The settlement Commission ,consisting of the Police Department’s Director General or Representative, the Public Prosecution Department’s Director General or Representative, and the Immigration Division’s Commander or Representative, as the, members shall have the authority to assign duty of settlement to the Inquiry Official or the competent official by fixing a settlement rule or any conditions as the Settlement Commission my deem proper.

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When the offender has paid the fine as stipulate, the case shall be deemed settled under the Criminal Procedure Code.

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